Free Trade Zones ("FTZs"), Export Processing Zone ("EPZs") and bonded logistics park

Customs duty and VAT are two major concerns to foreign investors doing business in China. A clear understanding of the relevant tax implications is a necessary when operating in China.


Although China's EIT Law does not generally grant the tax incentives based on geographic location, from a tax perspective it is still advisable when possible to set up an enterprise in a special Customs zone or designated-economic zone such as an FTZs, EPZs or bonded logistic park. Enterprises set up in these zones are generally exempt from VAT and Customs duty.


In China, the tax treatment of imports and exports for Customs duty and VAT can vary depending on the region. Goods entering the FTZs from another part of China are treated as exports from a Customs perspective but as domestic sales from a VAT perspective. Bonded goods entering an FTZs from abroad but subsequently sold in the domestic Chinese market are treated as imports upon exiting the FTZs. Moreover, goods entering the EPZs from another part of China are treated as exports for both customs duties and VAT. Goods entering the EPZs from abroad and sold in the domestic Chinese market are treated as imports when they leave the processing zone.

Often bonded goods are used in the manufacturing process; their Customs duty and VAT obligations vary depending on the usage and its final destination:

In Summary:


Bonded goods sold between enterprises within the FTZ are exempt from duties.


Bonded goods used exclusively in the manufacture of export products by enterprises within the FTZ are exempt if the bonded goods are shipped out of China within one year of processing.


Bonded goods delivered to enterprise outside the FTZ for exclusive use in the manufacture of export products are exempt if the bonded goods are shipped out of China within one year of processing.


Bonded materials, parts and components sold by an enterprise located inside the FTZ to an enterprise situated outside the FTZ are considered to be imports and subject to both Customs duty and VAT.


Finished goods, consisting of imported components are sold by an enterprise situated inside the FTZ to an enterprise situated outside the FTZ are subject to Customs duty and VAT. If the finished goods consist of both imported and locally purchased components, the Customs shall levy duty and VAT on the imported components only.


Bonded goods sold or returned to destinations in other countries or regions are exempt.

 


Zhangye Tengda Metal Co., Ltd

In December 2008, the tax bureaus of Gansu Province and Zhangye City investigated the Zhangye Tengda Metal Co., based on information forwarded from other government bureaus. The local and provincial tax bureaus established a task force with the local police departments to carry out the investigation. The investigation showed that since March 2006, the criminal suspects Cui Xinge and others has established the Zhangye Tengda Metal Co., Ltd., the Zhangye Hongye Scrap Metal Recycling Co., Ltd. as well as six other companies. These companies were established by using the identities of 10 disabled persons to set up the companies as well as act as the companies Legal Representatives and Shareholders. It was proven that the companies had never engaged in the buying or selling of scrap metals, or processing, manufacturing or selling metal materials, yet had issued 328 counterfeit VAT invoices which were sold to 66 companies in Beijing, Tianjin, Hebei and other six provinces (cities). The 328 invoices were sold for RMB 188.4 million (US$ 27.64 million) which allowed the 66 companies who purchased the fake invoices to evade tax in the amount of RMB 220.44 million ($ 32.35 million).

This prosecution of the case was supervised by the State Administration of Taxation with the assistance of the local taxation bureaus of the various provinces involved. After the investigation, the tax and public security authorities ultimately recovered the total amount of unpaid taxes as well as collected more than RMB 6.72 million in fines. On December 17, 2009, the Zhangye Intermediate People¡¯s Court sentenced the defendants (Qian Yanlong, Cui Xinge and others) to life imprisonment, deprived them of the political rights for life and confiscated all of their personal property.

 


Reduction of VAT rates to be expanded in 2010

Chinese Premier Wen Jiabao recently pointed out in his government work report that the government will continue to do the transformation of value-added tax. It can be expected that the VAT reform that began on January 1 of last year will play a greater role in 2010

Data has shown that the annual deducted amount of tax in 2009, since the implementation of the VAT reform is about 140 billion Yuan. This means that the taxes levied on enterprises have been effectively reduced.

Since the second half of 2008, China has raised the export rebate rate of some industries and products eight times in succession, optimized the export rebate process and sped up the export rebate progress, which has not only stabilized export industries, but also increased the confidence of enterprises when China's economy was facing extreme difficulties.

Although the one-year VAT transformation has laid the foundation for the economic recovery, further reform are anticipated. The current VAT transformation only allows enterprises to offset the original equipment cost in the fixed assets investment, so the plant construction cost accounting for up to 62% cannot be offset. The future VAT transformation will also continue by "expanding tax bases and reducing tax rates" to incorporate more industries in the scope of taxation, and appropriately relax the tax cut standards, which is supplemented by appropriately reducing tax rates. It is also planned to eventually replace the sales tax with the value-added tax. Taxes paid in the service industry in which the sales tax and the value-added tax are concurrently collected will be reduced.

In the long term, the government hopes to gradually incorporate the businesses levied the sales tax into the VAT system through the further adjustment of the incidence of taxation to make the value-added tax transformed from production-oriented to consumption-oriented.

On January 20th, the State Council issued "a work plan for the year 2010", in which the VAT legislation became the focus of this year.

 

China to introduce resource tax at 'proper' time

China will introduce resource tax at a "proper" time to promote energy saving and environmental protection, the Ministry of Finance said Tuesday in a statement on its Website. The statement provide little details about the move which is part of the ministry's tasks for 2010 listed in the lengthy statement. The government would stick to the proactive fiscal policy this year, the statement said, adding the ministry would expand investment in agriculture, education, science, medical care, social security, affordable housing, energy conservation and emission reduction. The ministry said it would improve the property tax system, without details. It would also step up efforts to revamp income distribution, aiming at narrowing the yawning wealth gap.

 


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